Hi folks -
I got a letter from Erudio the other week and this issue has been doing my head in since so i went online and stumbled across this site.
I was on the telephone to Erudio earlier for 45 minutes and i am exhausted mentally. I mean these people are masters at underhandedness and double-talking.
I initially spoke to a woman who was obviously just reading from a script and had no idea what i was talking about... so she passed me on to her supervisor eventually.
At first the supervisor kept insisting that there were no changes to the original terms and conditions and i kept pointing out that the original terms and conditions do not require me to provide them with a direct debit mandate and that the SLC never asked me for a direct debit mandate... after several minutes of this he broke down and said that there had been no changes to the LOAN terms and conditions but the DEFERMENT terms and conditions HAD been changed. I asked him what this meant and he told me that Erudio has changed the deferment criteria. I asked him how this was possible when Erudio is not allowed to change the original terms and conditions and he just repeated that they had changed the DEFERMENT terms and conditions and not the LOAN terms and conditions. I asked him if this was legal and he said that Erudio is a reputable company and operate completely within the law... i replied that even if it was legal it was really underhand and sneaky.
No reply.
I then pointed out that if the original terms and conditions didn't insist on a direct debit mandate but the new terms and conditions do insist on one then regardless of how you try to dress it up there has been a change to the terms and conditions. And this is where it gets interesting. He replied that Erudio is not INSISTING on a direct debit mandate but they "would LIKE it if you set one up" for them. I asked if this meant i was legally obliged to give them a direct debit mandate and he said "no but it is something we would prefer" as it streamlined the process and made things easier for them or something. I pointed out that this is not what the new deferral forms state... the new deferral forms state you MUST have a direct debit mandate and if you don't have one you will be breaching your contract... he confirmed this but wouldn't be drawn on the obvious contradiction.
I then pointed out that there was no way to fill in their deferral forms without implicitly agreeing to the new terms and conditions and again he confirmed this was the case.
He agreed that the new deferral forms DID NOT ACCURATELY REFLECT the actual legal situation with regards to what Erudio is or is not entitled to ask for and said "it's unfortunate that these forms are what we have to work with but i can't think of an alternative" which... wow... just wow. In essence he admitted that the forms are both misleading and legally binding.
He then went on to drop several hints that i would be refused deferral if i didn't have a direct debit mandate even tho he JUST admitted i'm not obliged to have one legally. I called him on this and said that on one hand he was saying that i didn't need to set up a direct debit but on the other hand if i didn't i might be refused deferral... he was noncommittal and refused to confirm or clarify.
I then asked him about sending my details to credit rating firms. Initially he tried to say that there had been no changes to the original terms and conditions regarding this... but when i called him on this he changed tack and said "i don't understand why you would have a problem with this sir... if you are in deferral or you are making your payments you get a little tick next to your name so this is a GOOD thing for your credit rating" which blew my mind obviously. I tried to explain that this was another change to my original terms and conditions but he wouldn't accept that and seemed to think i was mental for finding this objectionable.
And finally i told him that the new deferment forms asked for much more information than i was comfortable giving. I explained that the SLC didn't need any of this information and that most of it was irrelevant to deferment etc. He replied that Erudio needed this information for MY sake to make the process of deferment easier for ME etc.
I told him that i had consulted a solicitor (which i have) and that he had advised me that i shouldn't fill in their deferment forms and that instead i should send the usual proof of income with a covering letter stating that i fully intended to comply with the original terms and conditions and that i wasn't trying to breach my contract but i don't agree to the new terms and conditions.
He seemed to find this novel and amusing and said that i was within my rights to "try this approach" and that it was "worth a punt" as he couldn't see any obvious reasons why this wouldn't work. But he did then imply that not using Erudio's forms might result in my deferral being denied. He said that if i tried this and my deferral was denied then he didn't think i would be held in breach and i could still re-apply for deferral using Erudio's forms but that doing so might delay the process and i would then be required to begin repayments and as i didn't have a direct debit mandate i would be held in breach.
So essentially he admitted that the terms and conditions have been changed (altho they are using technicalities to justify this and i'm not informed enough to argue this) and if you try to get around the changes they will consider you to have breached your contract. Also they won't confirm or clarify anything (such as will i or won't i be held in breach if i refuse to give them a direct debit mandate) because they don't want you to have a clear idea of where you stand legally.
Sorry for the longest rant ever but i felt like this information needed to be out there and i'm really angry.